SHIPPING DELAY. Seller shall not pay or be liable for any penalty or any damages, either liquidated or otherwise for late delivery or installation. Shipping dates are approximate whether or not specifically set forth on the face hereof. Shipping dates are dependent upon prompt receipt from Buyer of all information necessary for the proper processing of Buyer's order. In the event there is any delay by Xxxxx in furnishing complete information, the date of shipment may be extended for a reasonable time, taking into account Seller's production schedule. Seller shall not be liable for any nonperformance or delay in the delivery or shipment of Goods, or any other delay in performance under this Contract, when such nonperformance or delay is caused directly or indirectly by any cause beyond Seller's reasonable control (whether or not now in contemplation of either of the parties), including but not limited to force majeure, acts of God, acts of Buyer, strikes, labor disputes, epidemics, floods, quarantine restrictions, civil commotion, war, hostilities, insurrection, riot, rules, law, orders, actions, seizures, requisitions, priorities, preferences, instructions, regulations, restrictions or actions of any government or any agency or subdivision thereof; casualties, fires, accidents, embargoes, quotas, transportation delays, shortages of labor, materials, goods, fuel, power or transportation facilities, detention of goods by customs authorities, sinking of vessels, loss of goods in public or private warehouses, or inability to procure or delay in procuring materials, goods, labor or manufacturing facilities from Seller's usual sources or in its usual manner. In any such event Seller shall have the right, at its election and without any liability to Buyer, to (a) cancel all or any portions of this Contract, or (b) perform this Contract as so restricted or modified, and Buyer shall accept such restricted or modified performance, or (c) perform this Contract within a reasonable time after the cause for nonperformance or delay has terminated. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept subsequent deliveries or pay for prior deliveries.
Appears in 2 contracts
Samples: Hamamatsu Corporation, Terms and Conditions
SHIPPING DELAY. Seller shall not pay or be liable for any penalty or any damages, either liquidated or otherwise for late delivery or installation. Shipping dates are approximate whether or not specifically set forth on the face hereof. Shipping dates are dependent upon prompt receipt from Buyer of all information necessary for the proper processing of Buyer's order. In the event there is any delay by Xxxxx in furnishing complete information, the date of shipment may be extended for a reasonable time, taking into account Seller's production schedule. Seller shall not be liable for any nonperformance non- performance or delay in the delivery or shipment of Goods, or any other delay in performance under this Contract, when such nonperformance or delay is caused directly or indirectly by any cause beyond Seller's reasonable control (whether or not now in contemplation of either of the parties), including but not limited to force majeure, acts of God, acts of Buyer, strikes, labor disputes, epidemics, floods, quarantine restrictions, civil commotion, war, hostilities, insurrection, riot, rules, law, orders, actions, seizures, requisitions, priorities, preferences, instructions, regulations, restrictions or actions of any government or any agency or subdivision thereof; casualties, fires, accidents, embargoes, quotas, transportation delays, shortages of labor, materials, goods, fuel, power or transportation facilities, detention of goods by customs authorities, sinking of vessels, loss of goods in public or private warehouses, or inability to procure or delay in procuring materials, goods, labor or manufacturing facilities from Seller's usual sources or in its usual manner. In any such event Seller shall have the right, at its election and without any liability to Buyer, to (a) cancel all or any portions of this Contract, or (b) perform this Contract as so restricted or modified, and Buyer shall accept such restricted or modified performance, or (c) perform this Contract within a reasonable time after the cause for nonperformance or delay has terminated. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept subsequent deliveries or pay for prior deliveries.or
Appears in 1 contract
Samples: Hamamatsu Corporation
SHIPPING DELAY. Seller shall not pay or be liable for any penalty or any damages, either liquidated or otherwise for late delivery or installation. Shipping dates are approximate whether or not specifically set forth on the face hereof. Shipping dates are dependent upon prompt receipt from Buyer of all information necessary for the proper processing of Buyer's order. In the event there is any delay by Xxxxx in furnishing complete information, the date of shipment may be extended for a reasonable time, taking into account Seller's production schedule. Seller shall not be liable for any nonperformance non- performance or delay in the delivery or shipment of Goods, or any other delay in performance under this Contract, when such nonperformance or delay is caused directly or indirectly by any cause beyond Seller's reasonable control (whether or not now in contemplation of either of the parties), including but not limited to force majeure, acts of God, acts of Buyer, strikes, labor disputes, epidemics, floods, quarantine restrictions, civil commotion, war, hostilities, insurrection, riot, rules, law, orders, actions, seizures, requisitions, priorities, preferences, instructions, regulations, restrictions or actions of any government or any agency or subdivision thereof; casualties, fires, accidents, embargoes, quotas, transportation delays, shortages of labor, materials, goods, fuel, power or transportation facilities, detention of goods by customs authorities, sinking of vessels, loss of goods in public or private warehouses, or inability to procure or delay in procuring materials, goods, labor or manufacturing facilities from Seller's usual sources or in its usual manner. In any such event Seller shall have the right, at its election and without any liability to Buyer, to (a) cancel all or any portions of this Contract, or (b) perform this Contract as so restricted or modified, and Buyer shall accept such restricted or modified performance, or (c) perform this Contract within a reasonable time after the cause for nonperformance non-performance or delay has terminated. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept subsequent deliveries or pay for prior deliveries.
Appears in 1 contract
Samples: Hamamatsu Corporation
SHIPPING DELAY. Seller shall not pay or be liable for any penalty or any damages, either liquidated or otherwise for late delivery or installation. Shipping dates are approximate whether or not specifically set forth on the face hereof. Shipping dates are dependent upon prompt receipt from Buyer of all information necessary for the proper processing of Buyer's order. In the event there is any delay by Xxxxx in furnishing complete information, the date of shipment may be extended for a reasonable time, taking into account Seller's production schedule. Seller shall not be liable for any nonperformance or delay in the delivery or shipment of Goods, or any other delay in performance under this Contract, when such nonperformance or delay is caused directly or indirectly by any cause beyond Seller's reasonable control (whether or not now in contemplation of either of the parties), including but not limited to force majeure, acts of God, acts of Buyer, strikes, labor disputes, epidemics, floods, quarantine restrictions, civil commotion, war, hostilities, insurrection, riot, rules, law, orders, actions, seizures, requisitions, priorities, preferences, instructions, regulations, restrictions or actions of any government or any agency or subdivision thereof; casualties, fires, accidents, embargoes, quotas, transportation delays, shortages of labor, materials, goods, fuel, power or transportation facilities, detention of goods by customs authorities, sinking of vessels, loss of goods in public or private warehouses, or inability to procure or delay in procuring materials, goods, labor or manufacturing facilities from Seller's usual sources or in its usual manner. In any such event Seller shall have the right, at its election and without any liability to Buyer, to (a) cancel all or any portions of this Contract, or (b) perform this Contract as so restricted or modified, and Buyer shall accept such restricted or modified performance, or (c) perform this Contract within a reasonable time after the cause for nonperformance or delay has terminated. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept subsequent deliveries or pay for prior deliveries.or
Appears in 1 contract
Samples: Hamamatsu Corporation